"Mr. Chairman, Thank you for the opportunity to testify before you regarding the Late-Term Abortion Restriction Act, H.R. 2149. As a pro-choice, pro-child mother and Member of Congress, I believe that abortions should be safe, legal, and rare.

"The starting point for today’s debate must be a full understanding of where the constitutional line is drawn regarding a woman’s right to choose:

"Mr. Chairman, the Courts have consistently ruled over the past 26 years that a woman’s right to choose is constitutionally protected until the fetus reaches the stage of viability. In Roe, Justice Blackmun, said, "If the State is interested in protecting fetal life after viability, it may go so far as to proscribe abortion during that period, except when it is necessary to preserve the life or health of the mother." Casey and Webster have both upheld this distinction.

"So, if we choose to be bound by the Constitution – which as Americans and as lawmakers we must be -- the issue before us today is whether and how to write laws that govern a woman’s right to choose during this stage of viability.

"The Partial Birth Abortion Ban, which is under consideration by this body, fails to meet this Constitutional standard. First, the ban does not take into consideration the health of the mother. Second, it bans an overly broad class of medical procedures that also are used during pre- viability stages.

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is needed to best protect the health of the mother or is needed during pre-viability stages, this ban would put an undue burden on a woman’s right to choose and it will be unconstitutional.

"We also must deal with the political realities of this issue.

"Mr. Chairman, as you know, limiting a woman’s right to choose is a lightening rod issue that divides Americans of good intention. The Partial Birth Abortion Ban exacerbates those tensions in a way that is unnecessary and dangerous. Instead of proposing a bill that is unconstitutional and that divides America, we should offer the Congress a rare opportunity to find common ground on this issue that burdens the hearts and souls of many Americans.

"Rather than ban an overly broad class of medical procedures, rather than not allow a woman recourse if her health is at risk, we should be guided by the restrictions allowed by the Supreme Court decisions of the last quarter century.

"It is under that spirit that we present to you the Late-Term Abortion Restriction Act as an amendment. We understand that restrictions in the post-viability stage are constitutional and very well may be appropriate. This bipartisan bill would prohibit all late-term abortions, regardless of procedure. But it makes the constitutionally required exception for those circumstances when it would be necessary to protect the life of the mother or to avert serious adverse health consequences.

"Mr. Chairman, we need to provide Members of Congress a choice. Allowing this legislation, H.R. 2149, to be considered on the Floor alongside the Partial Birth Abortion Ban, will give Members a common sense and constitutional option. Although our overall goal should be to make abortion safe, legal and rare, we need to ensure that we protect both viable fetuses and the mother’s health.

"I have always believed that a woman, her family, her doctor, and her God should make a decision as personal and as significant as whether or not to have an abortion. Our bill, H.R. 2149, protects that right.

"Thank you, Mr. Chairman, for considering a rule that will make this amendment in order."